Landlord and Tenant Advisory Board Bylaw 12613

THE CITY OF EDMONTON

BYLAW 12613

LANDLORD AND TENANT ADVISORY BOARD BYLAW

Whereas, pursuant to section 49 of the Residential Tenancies Act (R.S.A. 1980, c. R-15.3), a city may by bylaw establish a Landlord and Tenant Advisory Board and provide for the remuneration of its members and any other matters pertaining to its procedures or incidental to the exercise of its functions;

And Whereas, pursuant to section 54 of the Mobile Home Sites Tenancies Act (R.S.A. 1980, c. M- 18.5), a city may pass bylaws authorizing a Landlord and Tenant Advisory Board established under the Residential Tenancies Act to perform the functions of a Mobile Home Sites Advisory Board;

And Whereas the City Council of the City of Edmonton has resolved to establish such a Landlord and Tenant Advisory Board to perform the functions authorized by section 49 of the Residential Tenancies Act and section 54 of the Mobile Home Sites Tenancies Act;

And Whereas City Council recognizes the importance of landlord and tenant issues to enhance the quality of life of residents and the importance of citizen involvement in the Landlord and Tenant Advisory Board.

Edmonton City Council enacts:

PART I - PURPOSE, DEFINITIONS AND INTERPRETATION

PURPOSE 1 The purpose of this Bylaw is to establish a Landlord and Tenant Advisory Board and provide for matters pertaining to its procedures or incidental to the exercise of its functions pursuant to the enabling legislation.

DEFINITIONS 2 In this bylaw, unless the context otherwise requires:

(a) “City” means the municipal corporation of the City of Edmonton;

(b) “City Administration” means those persons designated by the City Manager;

Copyright of The City of Edmonton Bylaws belongs to The City of Edmonton. No person may reproduce copies of the bylaws for any purpose other than personal use without the consent of the City of Edmonton. This consolidation has no legislative sanction and has been produced solely for the convenience of research. The official Bylaws available at the Office of the City Clerk must be consulted for all purposes of interpreting and applying the law. This consolidation does not contain maps, charts and graphs contained in the printed version. Bylaw 12613 Page 2 of 6

(c) “Council” means the municipal council of the City of Edmonton; and

(d) “LTAB” means the City of Edmonton Landlord and Tenant Advisory Board as set out in section 4.

RULES FOR 3 The marginal notes and headings in this bylaw are for reference INTERPRETATION purposes only.

PART - ESTABLISHMENT, FUNCTIONS AND OPERATION

ESTABLISHMENT The City of Edmonton Landlord and Tenant Advisory Board is OF LANDLORD AND hereby established in accordance with the provisions of this Bylaw. TENANT ADVISORY BOARD FUNCTIONS The functions of the LTAB are as follows:

(a) to advise landlords and tenants in residential tenancy matters, including tenancy matters respecting mobile home sites;

(b) to receive complaints and seek to mediate disputes between landlords and tenants, including landlords and tenants of mobile home sites;

(c) to disseminate information for the purpose of educating and advising landlords and tenants concerning rental practices, rights and remedies; and

(d) to receive and investigate complaints of conduct in contravention of legislation governing tenancies, including tenancies to which the Mobile Home Sites Tenancies Act applies.

BUDGET The budget for the LTAB shall be part of the budget of the City Administration.

The budget for the LTAB shall be prepared and presented to Council by the City Administration and by the LTAB Board.

The LTAB Board shall have the opportunity to present to Council its comments with respect to the budget.

Prior to presentation of the budget for the LTAB in accordance with subsection (1) above, the City Administration must advise the LTAB Board with respect to the details of the budget which the City Administration intends to present to Council.

SUPPORT 4 Support for the LTAB and the LTAB Board is to be provided by the City Administration, which support shall include:

(a) Administration of the day-to-day operation of the LTAB;

(b) The City Administration may provide staff, employed by City Administration, and supervised by the Executive Director;

(c) The City Administration may appoint an Executive Director of the LTAB who shall be chief administrative officer of the LTAB, and who is employed by City Administration, supervised by and reporting to the City Administration and the LTAB Board, and for the purposes of this reporting relationship in the event of a dispute between the LTAB Board and City Administration, City Administration shall prevail; and

(d) Administrative and logistic support and expertise.

EXECUTIVE The Executive Director shall have the following duties and DIRECTOR responsibilities:

(e) to implement and administer the policies and programs of the City and the LTAB;

(f) to obtain the advice and direction of the LTAB Board with respect to all matters pertaining to the LTAB; and

(g) to provide the LTAB Board with such support as they require to carry out their duties and exercise their powers as set out in section 9, herein.

The Executive Director shall report to the LTAB Board with respect to their duties and exercise of their powers as set out in section 9, herein.

LTAB BOARD An advisory body for City Council and the City Administration of the LTAB shall be created, and shall be known as the LTAB Board, which shall have the following duties and powers:

(h) report and advise Council and City Administration on matters relating to residential tenancy issues that affect the citizens of Edmonton;

(i) review operating policies for and advise the City Administration on the operation of the LTAB;

(j) advise City Administration with respect to service delivery policy and programs, and the development of strategic and operational plans;

(k) annually review and make recommendations with respect to the statement of purpose and function of the LTAB;

(l) report at least annually to Council giving such information as to the activities of the LTAB as the LTAB Board deems appropriate;

(m) advise the Executive Director and thereby City Administration with respect to matters of long term planning and service delivery innovations pertaining to the LTAB; and

(n) provide input to City Administration regarding recruitment and evaluation of the Executive Director.

The membership of the LTAB Board shall be comprised of nine (9) volunteer members appointed by resolution of Council, plus the Executive Director and General Manager of Community Services or designate who shall be non-voting members of the LTAB Board. In the absence of the General Manager or designate, the Executive Director shall represent the General Manager or designate.

The term of office of voting members of the LTAB Board shall be one (1) year, with eligibility for re-appointment to a maximum of six (6) consecutive terms.

In the event of any vacancy occurring on the LTAB Board, Council may appoint a person to fill the vacancy.

Any member who is absent from three (3) consecutive meetings of the LTAB Board shall be asked to resign, unless such absence is caused through illness or is authorized by resolution of the LTAB Board and entered upon its minutes.

The procedures of the LTAB Board shall, except where indicated otherwise within this Bylaw or any legislation of the Province of Alberta, follow the procedure set out in Bylaw 12300, the Procedures and Committees Bylaw, and where such bylaws are silent, the LTAB Board may establish its own procedure.

MEETINGS 5 The meetings of the LTAB Board shall be conducted as follows:

(a) Meetings of the LTAB Board shall be scheduled in accordance with the following:

(i) the LTAB Board must hold at least two (2) regular meetings each calendar year,

(ii) the first meeting of the LTAB Board in each calendar year shall be held in the month of January, thereafter regular meetings shall be held at such time and place and with such frequency as the Board may determine,

(iii) notices of regular meetings shall be sent to each member of the LTAB Board a minimum of five (5) days prior to each meeting, and

(iv) special meetings may be called on twenty-four (24) hours notice by (a) the Chairperson or (b) request in writing from any three (3) members of the LTAB Board, which request is served upon the Chairperson.

(b) There shall be a regular order of business at every meeting of the LTAB Board.

(c) A majority of members shall constitute a quorum for any meeting of the LTAB Board.

(d) In case of a tie vote a motion shall be defeated.

(e) A Chair and Vice-Chair shall be elected by the members of the LTAB Board at the first regular meeting of the Board each calendar year and the names of these officers shall be reported by the LTAB Board to the City Clerk and the City Administration within fourteen (14) days of their selection.

(f) The LTAB Board may, by resolution, appoint or disband sub-committees or ad hoc committees, which committees

may include persons who are not members of the Board, as it may deem necessary or desirable, with the Chair of each committee being a present or past member of the LTAB Board, and shall define the terms of reference and tenure of each sub-committee or ad hoc committee.

PROHIBITIONS 6 The LTAB Board shall not:

(a) represent itself inappropriately as an agent or representative of the City;

(b) endorse any political candidate for office;

(c) provide remuneration to any member of the LTAB Board; and

(d) negotiate with union representatives on behalf of the City.

PART - REPEAL

REPEAL 7 Bylaw 3743 is repealed.

Copyright of The City of Edmonton Bylaws belongs to The City of Edmonton. No person may reproduce copies of the bylaws for any purpose other than personal use without the consent of the City of Edmonton. This consolidation has no legislative sanction and has been produced solely for the convenience of research. The official Bylaws available at the Office of the City Clerk must be consulted for all purposes of interpreting and applying the law. This consolidation does not contain maps, charts and graphs contained in the printed version.